TY - JOUR
T1 - Nike V. Kasky and the running-but-going-nowhere commercial speech debate
AU - Terilli, Samuel A.
N1 - Funding Information:
107Among the labor and other organizations publicly criticizing Nike were the Made in the USA Foundation, an organization supported in large part by labor unions; the Transnational Resource and Action Center, an activist organization based in San Francisco; the Vietnam Labor Watch; the Hong Kong Christian Industrial Committee; the AFL–CIO, including a youth group and the president of that labor organization; and the Dong Nai Confederation of Labor. See Brief for Petitioner, supra note 1, at *2–8. 108Id.
PY - 2005
Y1 - 2005
N2 - The lawsuit filed by Marc Kasky against Nike illustrates the dangers posed by Supreme Court decisions defining "commercial speech " as a category deserving of some, but not full, First Amendment protection. The category is ill-defined and may be safely abandoned without hampering the regulation of commercial activity. Recent decisions have again shown the path to regulating expressive conduct without violating the First Amendment, and those lessons should be applied in the context of commerce, requiring where expression is at issue satisfaction of either intermediate or strict scrutiny, as appropriate given the purpose of the statute, and sufficient evidence of the underlying offense, including the requisite intent.
AB - The lawsuit filed by Marc Kasky against Nike illustrates the dangers posed by Supreme Court decisions defining "commercial speech " as a category deserving of some, but not full, First Amendment protection. The category is ill-defined and may be safely abandoned without hampering the regulation of commercial activity. Recent decisions have again shown the path to regulating expressive conduct without violating the First Amendment, and those lessons should be applied in the context of commerce, requiring where expression is at issue satisfaction of either intermediate or strict scrutiny, as appropriate given the purpose of the statute, and sufficient evidence of the underlying offense, including the requisite intent.
UR - http://www.scopus.com/inward/record.url?scp=27744461897&partnerID=8YFLogxK
UR - http://www.scopus.com/inward/citedby.url?scp=27744461897&partnerID=8YFLogxK
U2 - 10.1207/s15326926clp1004_2
DO - 10.1207/s15326926clp1004_2
M3 - Review article
AN - SCOPUS:27744461897
VL - 10
SP - 383
EP - 432
JO - Communication Law and Policy
JF - Communication Law and Policy
SN - 1081-1680
IS - 4
ER -